Criminal Charges Against Employers

Tougher enforcement measures are being planned in the coming months against employers that hire undocumented workers, according to the US Immigration and Customs Enforcement (USICE).

Julie L. Meyers, Assistant Secretary for Homeland Security at USICE warned that “no employer regardless of industry or location is immune from complying with the nation’s laws.”

The measures being planned include the filing of criminal charges, seizure of assets and administrative arrests.

As a civil counterpart to criminal investigations, the Department of Homeland Security (DHS) will raise the civil fines by 25% on those that knowingly hire undocumented workers. Currently, the fines are relatively low that employers treat them as little more than a cost of doing business according to the DHS.

Last August 15, the DHS issued a “No Match” regulation that requires employers to check the immigration status of their workers whose social security numbers do not match government records. If the discrepancy is not resolved within 93 days from the receipt of the no match letter, the employer is obligated to terminate the employee or face criminal or civil penalties.

Arrests of employers have increased from 24 in Fiscal Year 1999 to 716 in Fiscal Year 2006. Since the start of the Fiscal Year 2007, the number of criminal arrests have dramatically increased to 742.

In its recently released worksite enforcement fact sheet, the USICE described its recent worksite enforcement operations that indicated a strategy shift from civil fines to criminal prosecutions. Those targeted included temporary employment agencies, food processing plants , textile companies and cleaning contractors.

In one case, Trung Nguyen, a naturalized US citizen, operated a temporary employment agency in Ohio supplying 16 companies with temporary workers that he represented to be legally authorized to work. Upon investigation, the USICE found out that the workers were undocumented and the employer assisted them in obtaining fraudulent documents. Mr. Nguyen pleaded guilty to harboring certain aliens, mail fraud, conspiracy and money laundering and was forced to forfeit his equity in his company.

In another case, the president and 2 corporate officers of two temporary labor companies pleaded guilty to conspiracy to induce, aid and abet undocumented aliens to reside in the US. They faced up to 10 years in prison and a fine of $250,000.00 The president agreed to forfeit $12 million as part of his plea agreement.

The USICE worksite enforcement worksheet highlighted 15 operations that resulted in criminal charges against those involved in knowingly hiring undocumented workers. Those workers were charged with possession of fraudulent documents and were placed in deportation proceedings.